Information You Need To Know About - Court Decisions & 60-day Letters

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Information You Need To Know About -

Court Decisions and 60-day Letter Notices to Sue:

10th Circuit Court of Appeals Decision in the "Silvery Minnow" case 6/12/2003	ONRC's 60-day Letter to sue PacificCorp under the ESA - August 29, 2003
10th Circuit Court of Appeals Decision vacating the earlier decision - not because its decision upholding the discretion of the Bureau of Reclamation to reallocate water for the benefit of the fish was wrong. Rather, on procedural grounds, it decided that since the appeal was of a temporary injunction that expired at the end of 2003, there was nothing left for it to do. Instead of deciding in the abstract whether the case was wrongly decided, it vacated its prior opinion, and dismissed the appeal as moot. 1/5/2004	ONRC's 60-day Letter to sue BOR for water diversions from the Klamath Basin to the Rogue Valley - January 29, 2003
9th Circuit Court of Appeals Decision overturning the Panner Decision in USA v. Adair	Ninth Circuit Coastal Coho Decision - District Judge Michael R. Hogan - Ruling Upheld 2/24/04 - Alses Valley v Oregon Natural Resources
ONRC's 60-day Letter to sue to protect west coast lamprey populations 3/4/04 - .pdf	ONRC's 60-day Notice of Intent to Sue Over NMFS Decision Not to List the Green Sturgeon 3/3/04 - .pdf
ONRC's Notice of intent to file suit under the Endangered Species Act, August 14, 2002 on use of the aquatic herbicide Acrolein Copy of the complaint, filed in federal District Court in Portland, December 09, 2002	ONRC's Klamath Wildlife Refuge Management Suit, October 29, 2002
ONRC's Klamath Marsh National Wildlife Refuge lawsuit legal complaint, filed January 20, 2004	ONRC's 60 day notice of intent to sue under the Endangered Species Act issued to PacifiCorp for operating two unscreened hydropower diversion canals at the south end of Upper Klamath Lake. Unscreened canals kill the lake's two endangered fish species. September 3, 2003

Recent Klamath Basin Litigation (provided by Klamath Water Users Association)

TULARE LAKE BASIN WATER STORAGE DISTRICT, ET AL., v. THE UNITED STATES .pdf

Fifth Amendment Taking—Damages: Plaintiffs are entitled to just compensation, plus the rate of interest provided for by 40 U.S.C. § 258e-1 (2000), for water losses arising from federal biological opinions issued pursuant to the Endangered Species Act that limited plaintiffs’ contractually conferred rights to water.

KWUA: PCFFA Fish Die-Off Case Dismissed by Federal Judge January 13, 2005

AP: Supreme Court rules against Calif. farmers in water use case

Sac Bee: Supreme Court: Irate farmers can't sue U.S.

United States: Brief Filed in the Supreme Court on the Orff Case

Supreme Court Decision: Orff et al. v. United States of America, 03-1566

PCFFA vs Bureau of Reclamation decision by Ninth Circuit Court, October 18, 2005.

U.S. Supreme Court Decision on Rapanos v. United States and Carabell v. U.S. Army Corps of Engineers:

Rapanos v. United States and Carabell v. U.S. Army Corps of Engineers Decision June 19, 2006	Washington Post: Court Split Over Wetlands Protections June 19, 2006
House Resource Committee Press Release: Supreme Court makes sensible property rights decision June 19, 2006	New York Times: Justices Divided on Protections Over Wetlands June 20, 2006
New York Times: Clean Water at Risk June 20, 2006	Mackinac Center for Public Policy: Court Properly Restrains Feds’ Worst Wetlands Excesses, But Ruling Could Ultimately Leave Federal Agencies With Broad Wetlands Authority June 20, 2006
Pacific Legal Foundation: U.S. Supreme Court Rejects Unlimited Federal Control of Wetlands June 20, 2006	Agape Press: After Recent Ruling, Schlafly Questions Justice Roberts' Conservatism June 20, 2006
Colorado Springs Gazette Editorial: Muddy waters - Roberts court fails to clarify wetlands regs June 21, 2006	San Francisco Chronicle: Murky ruling on wetlands June 24, 2006
Muskegon Chronicle: Wetlands are still endangered after high court ruling June 24, 2006	Seattle Post Intelligencer: High court saves some best cases for last June 24, 2006
Family Farm Alliance: Issue Alert! The Supreme Court's Murky Wetlands Ruling June 26, 2006	American Farm Bureau: Wetlands Rules Clearer But Still Murky July 17, 2006

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